Ken D. Kumayama
Ken Kumayama concentrates his practice on transactional matters in intellectual property and technology and privacy.

Bio

Mr. Kumayama is fluent in Japanese and worked for more than four years in Japan, both as an attorney at a Japanese law firm and for a Japanese company.

He represents clients in a range of technology and commercial transactions relating to the ownership, protection and exploitation of intellectual property, including IP monetization strategies, development and license agreements, co-development agreements, pharmaceutical collaboration agreements, patent and other technology license agreements, trademark and copyright license agreements, and patent and other intellectual property asset sales and acquisitions. He also counsels clients in a broad range of industries on privacy-related matters.

In addition to his transactional work, Mr. Kumayama has experience in many other types of patent- and IP-related matters, including investigating and rendering freedom-to-operate, validity and non-infringement opinions; engaging in patent landscape analyses and assessing patent infringement risk; evaluating the strength of, and encumbrances on, patent portfolios; and counseling clients on patent and other strategic IP issues. He is a thought leader in patent analytics and regularly presents on the topic, including at the last two Innography Insights conferences. He also regularly speaks on topics such as patent acquisition and M&A due diligence. Mr. Kumayama’s pre-law studies and academic research included theoretical chemistry, geophysics and bioinformatics, requiring a comprehensive knowledge of mathematics, computer programming, and the sciences. He has written about patent monetization and Internet privacy issues and has spoken, in Japanese and English, on topics such as trends in e-discovery and patent exhaustion.

Mr. Kumayama’s representations include:

  • Intel Corporation in its $15.3 billion acquisition of Mobileye, N.V. and its $4.2 billion spin-off and joint venture with TPG Capital, L.P. to form the independent cybersecurity company McAfee; 
  • Lattice Semiconductor Corporation in its $1.3 billion acquisition by Canyon Bridge Capital Partners Inc.;
  • Broadcom Corp. in numerous transactions, including its $37 billion sale to Avago Technologies Ltd.; its $164 million acquisition of the Wireless Modem Business of Renesas Electronics Corp.; its $195 million acquisition of BroadLight, Inc.; and its $3.7 billion acquisition of NetLogic Microsystems, Inc.;
  • RPX in its acquisition of patent assets from Rockstar Consortium US LP for $900 million;
  • MIPS Technologies, Inc. in the sale of its operating company to Imagination Technologies Group plc. and its patent portfolio to defensive patent aggregator Allied Security Trust for an aggregate of $450 million;
  • IPXI in connection with certain structuring matters and in connection with a certain ULR patent license exchange offering;
  • Tessera Technologies, Inc. in its $850 million acquisition of DTS, Inc.;
  • various clients in patent monetization transactions and related strategic patent-driven initiatives, including the purchase, sale, licensing and collateralization of patent assets, and related issues with respect to corporate structure, patent exhaustion and encumbrances;
  • Samsung Electronics Co., Ltd. in its acquisition of LoopPay, Inc., a mobile payments company;
  • NDS Group Ltd. and its owners, Permira Funds and News Corp., in its $5 billion sale to Cisco Systems, Inc.;
  • The Walt Disney Company in its $4 billion acquisition of Lucasfilm Ltd.; and
  • IMAX Corporation in its global reorganization.

Credentials

Education

  • J.D., University of Arizona College of Law, 2009 (summa cum laude; Order of the Coif; Arizona Law Review)
  • B.A., Northwestern University (Integrated Sciences and Mathematics), 2001

Admissions

  • California
  • U.S. Patent and Trademark Office

Languages

  • Japanese

Ken D. Kumayama

Counsel, Intellectual Property and Technology; Cybersecurity and Privacy
ken.kumayama@skadden.com